Hot Topics:

Editorial advisory board: Justice system in Boulder County

Posted:
08/16/2014 01:00:00 AM MDT

Two recent releases in Boulder County criminal cases raised some eyebrows. Alex Midyette, sentenced to 16 years in prison in connection with the death of his baby son, was released to a halfway house after a mere five years. The District Attorney's office has complained about the quick turnaround in that case. In a less controversial move, Spencer Crawford -- convicted to four years in the drug-related stabbing death of another teenager while camping -- may be released to a halfway house after about 20 months in jail. What do you think?

Spencer Crawford went to elementary school with my children. They weren't there the night that Spencer fatally stabbed Angus Gaudin, but they could have been. For many parents, it is easy to imagine that either of these young men could have been ours. Spencer Crawford made bad choices that resulted in inconceivable tragedy. He admitted his guilt, displayed deep remorse and accepted his punishment.

Alex Midyette was convicted of abusing his newborn baby. 11-week-old Jason Midyette had 29 broken bones and a skull fracture when he died. It is hard to imagine anyone doing that to his or her own child. Alex Midyette tormented his child for over 10 weeks. He never admitted guilt and he showed complete disregard for the law by violating the terms of his bond while awaiting sentencing.

Advertisement

Spencer Crawford's shortened sentence seems right. He doesn't pose a risk to society. Keeping him in jail will only hurt his chances of becoming a contributing member of society.

What about Alex Midyette? The corrections board qualified him for transfer to the halfway house. Many, myself included, believe he hasn't been punished enough. Will keeping him in jail longer benefit the community? How do we know if he can be rehabilitated without giving him the chance?

Angus's father Steve Gaudin displayed heroic compassion when he asked the judge to be lenient in sentencing the man who killed his son. Perhaps we can all learn something from him.

Any thinking citizen is sure to wonder why one prisoner slated to spend a number of years in jail will find that his or her sentence has been cut by two-thirds?

There must be a good reason for any such commutation, but what would it be? And why would only this particular prisoner deserve such a break? There must be hundreds if not thousands of prisoners with similar backgrounds. Did something untoward take place and the reduction in the sentence followed?

I believe that sentencing laws for criminals should be reviewed periodically because things in our society changes and the sentencing judges should take the new factors into consideration.

How about for sentencing for non-violent crimes? The U.S. Sentencing Commission has recommended that punishment for "low-level crimes" should be reduced but kept in line with the crime's severity. Actually, 60 percent of all prisoners in U.S. jails are there for "minor infractions'' of the law. Some studies estimate that 25 percent of the world's prisoners are in the United States and total millions.

My view is that no prisoner should be released until a judge has reviewed the case and determined that the reduced sentence poses no risk to the community.

The reason for the current talk in Washington about reducing the length of prison sentences is what it costs to house and feed millions in jail.

Taxpayers pay $30,000 to keep a prisoner jailed for one year. One estimate is that this comes to $60 billion a year.

The early release of Alex Midyette is disturbing. Picture yourself a member of a well-educated family who seeks out golf dates while your baby son is clearly ailing, and you do not deliver him to medical care.

The kindest reading is to excuse Midyette as a self-involved drug user who was both clueless and under motivated as a parent. Incompetent, immature, unlucky. But the judge made a stronger signal, seeing Midyette in a criminal light, by giving him the maximum sentence of 16 years.

A mere 5 years later, Boulder Probation with the Community Corrections Board overturned the judge's prison sentence by cutting it by nearly 75 percent. How does the criminal justice system maintain credibility when the decision of experienced and engaged judge is effectively tossed out?

If the two agencies involved issued a public statement with a detailed explanation of their choice to reverse the judge's decision, that at least would be a form of transparency and accountability. And the public deserves it.

Colorado has seen large scale disorder and bureaucratic fumbling in prison sentences. Last year, Colorado Department of Corrections alerted state judges to an audit of the prison system that revealed sentencing errors of 8,000 inmates, with hundreds released early, including Evan Ebel, the white supremacist who allegedly killed DOC director Tom Clements. Ebel was released from prison four years early because of a clerical error.

Colorado's sentencing needs more accountability, in a number of dimensions.

Citizen trust in the judicial system is important for a healthy society, and the Midyette case presents a number of problems that challenge this trust. We were horrified to learn of the abuse inflicted on a 10-week-old infant, leading to his death. The thought of Jason's tiny body with 30 broken bones is so painful that I literally shudder every time I read about the case.

I'm opposed to mob-mentality casting of judgment on violent offenders. We would all be better off working toward a system of justice that is equitable, incorporating a reasonable balance of punitive and restorative measures in incarceration policy. With confidence in such a system, I would be at peace with the idea that a person who may have done something horrible at a low point in his life could be rehabilitated.

Unfortunately, I am among those who are uncomfortable with Alex Midyette's early release. There has been considerable evidence that his position of privilege in society has given him a far easier path through the justice system than those from lower socio-economic circumstances would experience.

Much easier to swallow is the idea that a teen who made tragic mistakes can demonstrate that he will not again be a threat to others. Spencer Crawford deserves the chance to get his life back on track. But I would feel better if I could believe that a Latino kid without connections or financial resources could expect similar leniency.

The Denver Post offered a very brief and strongly worded opinion regarding Alex Midyette. "The mind reels. Five years and he's out of prison? At least the Boulder district attorney's office saw the injustice and objected." My first reaction was "What?" The facts of the case are brutal. But, as they say, all I know is what I read in the papers. Those of us who have done jury duty or served on other high profile boards know that what shows up on the outside isn't necessarily what happens on the inside. As I read the news articles I came across the entity that made the early release decision: the Boulder Community Corrections Board. If you Google that, you will get a fact sheet that is very informative. I've been in Boulder County nearly 33 years and I've never heard of it.

Here are some of the facts. "Felony offenders referred for placement are carefully screened for appropriateness by a local board, known as the Community Corrections Board. This board is appointed by the Boulder County Commissioners. . . Cases are referred by the Probation Department and Department of Corrections. Bi-monthly Board meetings are open to the public."

I've learned to not second-guess a deliberative body like this. Midyette was referred by Probation. His case was reviewed by the Community Corrections Board. Are there more facts here than meet the eye or the "reeling mind?" We'd like to know.

Boulder is pretty good at producing rock bands, and by "rock," we mean the in-your-face, guitar-heavy, leather-clad variety — you know, the good kind. For a prime example, look no farther than BANDITS. Full Story